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How many children may inherit a farm in Namibia?

The supplied provisions set no numerical limit on how many children may inherit a farm. Where inheritance would subdivide agricultural land or vest undivided shares, ministerial consent is required under Act 70 of 1970; if consent is refused and no acceptable arrangement is reached, the executor must sell the land or share and distribute the net proceeds under the will or intestate succession rules. 1

For agricultural land in Rehoboth, the comparable rule requires the Kaptein’s Council’s consent. If it refuses consent and no approved arrangement is reached, the executor must realise the land or undivided share and distribute the net proceeds. 3

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Where this answer comes from

6 sources
1

Subdivision of Agricultural Land Act 70 of 1970

Act 70 of 1970 · Section 5 - Succession (part 1 of 2) · Pages 6–7

(1) If the Minister does not in terms of section 4 consent to the subdivision of any particular agricultural land in accordance with any testamentary disposition or intestate succession or to the vesting of any undivided share in such land in accordance therewith, and no agreement is reached as to a subdivision or vesting in respect of which the Minister grants his consent in terms of the said section 4, the executor of the estate concerned shall realize the land or undivided share concerned, as the case may be, and dispose of the nett proceeds thereof in accordance with the said testamentary disposition or intestate succession, as the case may be. (2) The provisions of section 12 of the Exp...
2

Administration of Estates (Rehoboth Gebiet) Proclamation 36 of 1941

Proclamation 36 of 1941 · Section 2 - Any illegitimate child shall possess the full right of succession to any estate left by its · Page 6

mother, but shall possess no right of succession to the estate of the father except by way of testamentary disposition. [Section 16(2) of the Children’s Status Act 6 of 2006 states “Despite anything to the contrary contained in any statute, common law or customary law, a person born outside marriage must, for purposes of inheritance, either intestate or by testamentary disposition, be treated in the same manner as a person born inside marriage.” That rule may affect the application of the Schedule to this Proclamation in terms of Act 15 of 2005. See also Frans v Paschke and Others 2007 (2) NR 520 (HC), where the High Court held that the common law rule prohibiting ‘illegitimate’ children fro...
3

Agricultural Land Act 5 of 1981 (Rehoboth)

Act 5 of 1981 · Section 5 - Succession · Pages 5–6

(1) If the Kaptein’s Council does not in terms of section 4 consent to the subdivision of any particular agricultural land in accordance with any testamentary disposition or intestate succession or to the vesting of any undivided share in such land in accordance therewith, and no agreement is reached as to a subdivision or vesting in respect of which the Kaptein’s Council grants its consent in terms of section 4, the executor of the estate concerned shall realize the land or undivided share concerned, as the case may be, and dispose of the nett proceeds thereof in accordance with the said testamentary disposition or intestate succession, as the case may be. (2) The provisions of section 16 o...
4

Subdivision of Agricultural Land Act 70 of 1970

Act 70 of 1970 · Section 5 - Succession (part 2 of 2) · Pages 6–7

In South West Africa, expropriation in general was governed by the Expropriation Ordinance 32 of 1967, which was replaced by the Expropriation Ordinance 13 of 1978 (still in force in independent Namibia).]
5

Agricultural (Commercial) Land Reform Act 6 of 1995-Regulations 1996-257

Regulations under Act Government Notice 257 of 1996 · Section unlabelled - Document text · Page 3

Republic of Namibia 3 Annotated Statutes REGULATIONS Agricultural (Commercial) Land Reform Act 6 of 1995 Regulations in relation to Acquisition of Agricultural Land by F oreign Nationals
6

Agricultural (Commercial) Land Reform Act 6 of 1995-Regulations 1996-257

Regulations under Act Government Notice 257 of 1996 · Section unlabelled - Document text · Page 13

Republic of Namibia 13 Annotated Statutes REGULATIONS Agricultural (Commercial) Land Reform Act 6 of 1995 Regulations in relation to Acquisition of Agricultural Land by F oreign Nationals
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